Jack,
Well said.
In 1872, California enacted a code that was written as:
General Rights of the State Over Property -
Sec. 41. All property, real and personal, within the limits of this
State, which does not belong to any person, belongs to the people. Whenever
the title to any property fails for want of heirs or next of kin, it reverts
to the people.
I don't know if that has carried forward to today's laws, but it's certainly
something I'm working on. We have literally dozens of cemeteries in my
county here in California that have no "heirs" or "title." They were
exclusions from later deeds, although by operation of law during the several
years from 1873 to the point of deed exclusion, title would have vested in
the people, ie. the board of supervisors. PUBLIC cemetery.
Does our county get even that? NO, NO, NO, NO, NO...although their legal
counsel's opinions ALL state that a court would "probably" or "most
likely"
rule they were public by operation of law! They just don't want them - it's
plain and simple.
Sue Silver
El Dorado County (where Gold was first discovered and disrespect rules....)
----- Original Message -----
From: <Jb502000(a)aol.com>
To: <INPCRP-L(a)rootsweb.com>
Sent: Thursday, May 31, 2001 7:35 AM
Subject: Re: [INPCRP] Abandoned cemeteries
In a message dated 5/31/01 8:24:09 AM US Eastern Standard Time,
andimac(a)oz.net writes:
> Hello all,
>
> I'm not certain why there is so much discussion on the word abandoned in
> relation to cemeteries, but I'd like to share what people think in
> Washington (state!). Everytime I lecture or speak to others about a
> cemetery property, if I use the word abandoned, people take offense
> (especially if they are caring for the cemetery). I have to explain
that
> it is a legal term used in our state laws to reflect that a
property is
no
> longer owned by a living person or entity and has nothing to do
with
> someone caring for it or not.
>
> Andi,
I agree 100%. Even if a property of any kind is declared
'Abandoned"
this does not give anyone the right to remove anything from it, be it
a
cemetery, or a building. I believe under our present laws this is classed
as
THEFT, or STEALING, both of which are punishable by law. That is
because
they
sit on someone's property, actually someone owns everything,
wether the
owner
be living or dead, and nothing is up for "Grabs". I often
refer to our
cemeteries as "Pioneer" in my E-mails, in the Newspapers, and at a Zoning
board meeting that Lois and I attended. It appeared in the Newspaper that
way
next day. But at what point do we stop referring to them as
"Pioneer"
cemeteries. The DNR and DHPA have a cut off date of 1939 in their Laws.
Are
they still "Pioneer" up to that time? And yes Last winter
out looking for
cemeteries in Floyd Co. I saw some that I referred to as literally
"Abandoned". After walking up to a half mile thru fields and woods, and
then
up a 250 ft. hill in 35 degree temp. by my self, and saw their
condition,
I
felt they were Abandoned. Any time I see a cemetery like this words
mean
nothing to me at that time, or later. I'm heartbroken because I know I
can't
help. The New Albany Twp. Trustee, Tom Cannon is very interested in
the
cemeteries in his Township, But until this winter he didn't know where
most
were. To his credit he wants me to take him to everyone in his Twp.
And
they
will be Restored Properly. And yes, the people who care the most are
like
me,
older, and without the financial capabilities to care for all the
cemeteries
we would like. And to Jeannie, I appreciate your sending a copy of
the
Laws
and duties of the Trustees. I hope this helps. I also belive copies
should
be
sent to the County Comissioners, who are responsible for funding.
Who
knows,
someday-------------------- We will win.
Jack E Briles
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